HomeMy WebLinkAboutOrdinance #2098 ORDINANCE NO. 2098
AN ORDINANCE CREATING SECTION 10-11-11 (GARBAGE REFUSE
CONTAINERS) OF THE CANTON MUNICIPAL CODE
WHEREAS, the existing City Code of ordinances (7-3-1) regulates the system of
garbage collection for single-family residences and dwelling units within the City of Canton; and
WHEREAS, the existing City Code of ordinances (10-15-29) provides that no garbage
can be kept in open containers or piled on the open ground for businesses or industrial users; and
WHEREAS, the existing City Code of ordinances (10-15-30) provides that the occupant
of every building where waste accumulates must be provided with a waste receptacle by the
owner, lessor or agent of said building; and
WHEREAS, although the existing City Code has restrictions on the placement of
residential garbage receptacles and requires business and industrial users to have waste
receptacles, there are no specific regulation for existing downtown businesses on the placement
of said waste receptacles; and
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-13-1 et seq. authorizes the City
to adopt zoning, property maintenance, nuisance and health and sanitation standards within the
City of Canton; and
WHEREAS, the Community and Industrial Development Committee finds it necessary
to establish an ordinance to ensure that garbage refuse containers are not placed on public
parking lots and do not become a nuisance or health/sanitation hazard within the city of Canton;
and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, be it ordained by the City Council of the City of Canton, Fulton County,
Illinois as follows:
L That Section 10-10-11 of the Canton Municipal Code is hereby created as follows:
10-10-11: Garbage Refuse Containers
A. The owner, manager or operator of every establishment or otherwise, producing
garbage, vegetable and/or food wastes or other putrescible materials shall provide,
and at all times, cause to be used, leak proof containers having close-fitting covers
for storage of such materials until such time as the waste is removed from the
premises for disposal.
B. Any garbage dumpster or other garbage refuse container, including grease traps,
(collectively "Garbage Refuse Containers"), that are situated within the B-3
zoning district shall be governed by the following regulations:
1
(1) All garbage refuse containers are to be placed on private property. Where it is
not possible to place garbage refuse containers on private property, they may
be placed in public alleys within the B-3 zoning district after written
notification is submitted to and approved by the head of the Public Works
Department.
(2) No garbage refuse containers can be placed on any public thoroughfares,
sidewalks or parking lots.
C. Any individual or entity who utilizes the alleys in the B-3 zoning district for the
placement of their garbage dumpsters agrees to defend, indemnify and hold
harmless the City of Canton, its officials, agents, and employees against all
injuries, deaths, loss, damages, claims, suits, liabilities, judgments, cost and
expenses (including attorneys fees) which may in anyway accrue against the City
of Canton, its officials, agents and employees, arising in whole or in part or in
consequence of the placement and use of said garbage dumpster.
D. The city of Canton reserves the right to order a garbage refuse container removed
or moved if it is found to violate any of the aforementioned standards or otherwise
compromise the public health, safety or general welfare. The cost of removal will
be billed to and is the responsibility of the garbage refuse container
owner/operator/lessee.
E. Temporary removal may be required to facilitate activities such as snow removal,
street cleaning or alley improvements.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 2°d day of October 2012.
AYES: Aldermen Pickel, Hartford, Schenck, Pasley, Fritz, Ellis, Nelson
NAYS: None
ABSENT: Alderman West
APP1~0~ ~
r
.
Kevin . Meade, M yor
ATT ST:
Diana Pavley, City Clerk
2